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1991-11-19 Regular CC Meeting City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1991 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:30 P.M. 1. Discussion of all items on tonight's Regular Council Meeting Agenda. REGULAR SESSION: 7:00 P.M. 1. A. Call to order. Invocation. B. Executive Session Pursuant to the Open Meetings Act, Article 6252 -17 V.T.C.S., Section 2(e) 2(f) 2(g( 2(j). Refer to posted list attached hereto and incorporated herein. C. Reconvene: Action necessary on items discussed in Executive Session. 2. Approval of the Minutes of the November 5, 1991, Regular City Council Meeting. 3. Mayor's Report. 4. City Manager's Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5. Consider: A. Award of bid for lift station to be located on East Southlake Blvd. at Bank Street. Public Works Department. REGULAR AGENDA 6. A. Public Forum. City of Southlake, Texas City Council Meeting Agenda November 19, 1991 page two 7. Consider: Ordinances, second reading and related items. (No items for this agenda) 8. Consider: Ordinances, 1st reading, and related items. A. Ordinance No. 480 -60, 1st reading. ZA 91 -60. A zoning change request for a 2.44 acre tract of land out of the John Childress Survey, Abstract No. 254, Tract 1A1 being more commonly known as 1600 Burney Lane. Current zoning is "AG" Agricultural with a request for "SF -1A ", Single Family -1A Residential zoning district. Location: South side of Burney Lane at Midway Drive. Owner /Applicant: Joe E. Kennel. B. ZA 91 -61, Plat Showing for Lots 1 & 2 John Childress No. 254 Addition, being legally described as 2.44 acres out of the John Childress Survey, Abstract No. 254. Current zoning is "AG" Agricultural, with a request for "SF -1A" Single Family 1 -A Residential zoning district. Location: South side of Burney Lane at Midway Drive, being more commonly known as 1600 Burney Lane. Owner /Applicant: Joe E. Kennel. C. ZA 91 -62, Revised Concept Plan of Crossroads Square, being 14.0748 acres out of the L.B.G. Hall Survey, Abstract No. 686. Current zoning is "S -P - 2" Generalized Site Plan District. Location: Northwest corner of North White Chapel Blvd. and F.M. 1709. Owners: Trustees, E- Systems Inc. Pool Trust and Inetta Schnitzer. Applicant: PIMA Properties. D. ZA 91 -63, Development Site Plan of Crossroads Square, being 9.2024 acres out of the L.B.G. Hall Survey, Abstract 686. Current zoning is "S -P - 2" Generalized Site Plan District. Location: Northwest corner of North White Chapel Blvd., and F.M. 1709. Owner: Trustees, E- Systems, Inc. Pool Trust. Applicant: PIMA Properties. E. ZA 91 -64, Plat Showing of Lots 2, 3, and 4, L.B.G. Hall No. 686 Addition, being 9.2024 acres out of the L.B.G. Hall Survey, Abstract No. 686, Tract 1C. Owner: Trustee, E- Systems, Inc. Pool Trust. Applicant: PIMA Properties. F. Ordinance No. 544, 1st reading. Landscape. G. Ordinance No. 550, 1st reading. Thoroughfare Plan. H. Ordinance No. 506, 1st reading. Signs. City of Southlake, Texas City Council Meeting Agenda November 19, 1991 page three I. Ordinance No. 553, 1st reading. Amending Ordinance No. 531, creating Administrative Departments, including a Police and Fire Division with a revised organizational chart. J. Ordinance No. 555, 1st reading. Tri- County Electric Cooperative, Inc., rate change or other action as he appropriate pertaining to the request for rate change. 9. Consider: Resolutions. A. Resolution No. 91 -44, request for variance to Masonry ordinance for Timarron Addition. Continuation of public hearing. B. Resolution No. 91 -46, appointment to the Planning and Zoning Commission to fill an unexpired term. 10. Other items for consideration. A. Developers Agreement for SouthRidge Lakes, Phase IV. 11. Other items for discussion. (No items for this agenda) 12. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, November 15, 1991 at 5:00 p.m., pursuant to the Open Meetings Act, Article 6252 - 17 V.T.C.S. andra L. LeGrand ;So/. F City Secretary " • ' * . * `,;````` � I , Mll otOtt City of Southlake, Texas EXECUTIVE SESSION PENDING LITIGATION Section 2(e) The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Essig Claim, February 1991. 2. Margaret Freemen Claim, January 1990. 3. West Beach Addition. 4. Murawski Claim. 5. Garrett Lawsuit, 1984. 6. Ken Smith Claim, July 1991. Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasion, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. LAND ACQUISITION Section 2 (f) The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisitions in executive session, any final action, or vote taken, will be in public. PERSONNEL Section 2(q) The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City Board and Commission Members. A complete list of the City Boards and Commissions are on file in the City Secretary's Office. DEPLOYMENT OF SECURITY PERSONNEL Section 2 (j) Regarding the deployment or specific occasions for implementation, of security personnel or devices. After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. If personnel issues or litigation issues arise as to the posted subject matter of this City Council Meeting, an executive session will be held. SLL 11/15/91 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING November 19, 1991 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Rick Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: Barry Emerson, Jerry Farrier, and, W. Ralph Evans. Mike O'Brien arrived at 11:00 p.m. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes; Director of Public Works; LouAnn Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Bob Rowley, City Engineer; Chris Terry, Assistant to the City Manager; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans. The Work Session was called to order at 6:30 p.m. to discuss the agenda items for tonight's meeting. Mayor Gary Fickes called the meeting to order at 7:00 p.m. Agenda Item #1-B~ Executive Session The Mayor hereby advised the audience that Council would be going into executive session pursuant to Sections 2(e) 2(f) 2(g) 2(j) of the Open Meetings Act, to seek the advice of our City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property, and to consider the appointment and evaluation of public officials and regarding the deployment or specific occasions for implementation, of security personnel or devices. Council went into executive session at 7:05 p.m. Council returned to Open Session at 7:35 p.m. Aqenda Item #i-C, Action necessary/Executive Session No action was taken during the executive session in regard to pending or contemplated litigation, purchase, exchange, lease or sale of real property, or appointment and evaluation of public officials, or deployment or specific occasions for implementation of security personnel or devices. City Council Meeting Minutes November 19, 1991 page two Aqenda Item #2~ ADDroval of Minutes Motion was made and approval given to the Minutes of Council meeting held on November 5, 1991. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Emerson, Hall, Wilhelm, Fickes Nays: None Approved: 6-0 vote the City Agenda Item #3, Mayor's Report Mayor Pro Tem Wilhelm commented on meetings which were held with the Fire Department, both paid and volunteer personnel. He stated the meeting with the paid personnel was very candid and productive. As the result of the meetings, City Council has been made aware of some things that need to be done, as a City, and some of those have been implemented. He stated he feels as though everyone went away with a very good feeling about the future. The meeting with the Volunteer Firefighters was also a good meeting. The meetings were attended by himself, Councilmember Sally Hall, City Manager Curtis Hawk, Director Billy Campbell and Deputy Director Malcolm Jackson. Deputy Mayor Pro Tem Sally Hall reported on the Teen Court, stating the "Mock Trial" will be held on December 2, and the first official Teen Court is scheduled to be held on December 9, 1991. Agenda Item #4~ City Manaqer's Report The City Manager, Curtis Hawk reported the City has received notice that the City Comprehensive Annual Financial Report qualifies for the Government Financial Officers Association Certificate of Achievement in financial reporting. He commended LouAnn Heath, Director of Finance for her contribution to the City in the short time since she began work for Southlake. Agenda Item #5~ Consent Agenda The consent agenda was approved as presented, with the following being considered: Award of bid for lift station to be located on East Southlake Blvd. at Bank Street. Public Works. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Nays: None Approved: 6-0 vote Evans, Hall, Wilhelm, Fickes Meeting Minutes 1991 City Council November 19, page three Agenda Item #6r Public Forum No comments during this agenda item. Agenda Item #7r Ordinances~ Second Readinq & related items No items for this agenda. Agenda Item #8-A~ Ordinance No. 480~60~ 1st readinq ZA 91-60 A zoning change request for a 2.44 acre tract of land out of the John Childress Survey, Abstract No. 254, Tract 1Al being more commonly known as 1600 Burney Lane. The current zoning is "AG" Agricultural, with a request for "SF-1A" Single Family-lA Residential zoning district. Owner/applicant is Joe E. Kennel. Karen Gandy, Zoning Administrator, presented ZA 91-60 to Council stating four (4) notices were sent to property owners within 200' and to date, no responses have been received. On November 7, 1991 the Planning and Zoning Commission recommended approval by a 5-0 vote. Mr. Joe Kennel was present to answer questions for Council. Motion was made to approve the 1st reading of Ordinance No. 480-60. Motion: Wilhelm Second: Emerson Mayor Fickes read the caption of Ordinance No. 480-60. Ayes: Wilhelm, Emerson, Nays: None Approved: 6-0 vote Hall, Farrier, Evans, Fickes Agenda Item #8-B~ ZA 91-61- Plat Showing For John Childress No. 254 Addition. The plat showing for Lots 1 & 2 John Childress No. 254 Addition, being legally described as 2.44 acres out of the John Childress Survey, Abstract No. 254, was presented by Karen Gandy, Zoning Administrator. Owner/applicant is Joe E. Kennel. Mrs. Gandy noted the Plat Showing was approved by the Planning and Zoning Commission on November 7, 1991, subject to the summary review letter dated November 1, 1991. A revised plat and second review letter dated November 15, 1991 has been presented to Council. City Council Meeting Minutes November 19, 1991 page four Agenda Item #8-B~ Continued Motion was made to approve the Plat Showing for Childress No. 254 Addition, subject letter dated November 15, 1991. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Evans, Hall, Nays: None Approved: 6-0 vote Lots 1 & 2 John to the staff summary review Wilhelm, Fickes Mayor Pro Tem Rick Wilhelm stepped down for items, #8-C, #8-D, & #8-E, as he represents PIMA Properties on this venture. Agenda Item #8-C~ Revised Concept Plan of Crossroads Square ZA 91-62 The Revised Concept Plan for Crossroads Square, a 14.0748 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686, was presented to Council. Current zoning on the property is "S-P-2" Generalized Site Plan District, and is located on the northwest corner of North White Chapel Blvd., and F.M. 1709. Owners: Trustees, E-Systems, Inc. Pool Trust and Inetta Schnitzer; and the applicant is PIMA Properties. Karen Gandy, Zoning Administrator, noted fourteen (14) notices were sent to property owners within 200' and to date, one response has been received. Don Mullman, 803 Emerald Drive, stated he is opposed to this action. The revised summary review letter and updated concept plan were presented to Council. David McMahan, representing PIMA Properties, was present and stated the western portion of the property is in limbo at this time. Greg Last, City Planner, answered questions in regard to bufferyards. Councilmember Sally Hall expressed concern with the width of fire lane for loading. Councilmember Farrier noted he has looked at about thirty (30) Food Lion Stores in the metroplex and this store appears to be consistant in regard to fire lanes for loading and unloading. Parking was also discussed. City Council Meeting Minutes November 19, 1991 page five Agenda Item #8-C~ Continued Motion was made to approve the Revised Concept Plan of Crossroads Square, subject to the November 15, 1991, summary review letter, and changing to eliminate the west bufferyard on Lot 2 & 3, which was eliminated on the entire western border. Also, taking staff recommendation by eliminating another concept plan. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Farrier, Hall, Fickes Nays: None Approved: 5-0 vote Agenda Item #8-D~ Development Site Plan of Crossroads Square Karen Gandy, Zoning Administrator, noted the Development Site Plan of Crossroads Square is a 9.2024 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686. The Planning and Zoning Commission recommended approval of the Development Site Plan during the November 7, 1991 meeting by a 6-0 vote. David McMahan addressed the parking issue. He introduced Frank Piani as a partner with PIMA Properties. McMahan requested Council leave the parking as presented on the plan, which allows for 302 cars. The parking spaces are designed to be 10 foot wide. Councilmember Jerry Farrier expressed concerns that the parking lot lighting might impact the nearby neighborhoods. Mr. Piani stated they did not propose a specific standard but will have lighting engineers review the needs. Mayor Fickes also expressed that the lighting be as little an impact on the nearby neighbors as possible. Randol Boyd, 807 Pearl, Southlake. Mr. Boyd stated what we see today on the plat is not what they saw the last time this center came before Council. It is clear that Diamond Circle Estates will have to live with this center. Boyd expressed concerns with the north entrance to the center off North White Chapel Blvd., and with eighteen (18) wheel trucks making deliveries at all hours of the day or night. He asked City Council to put up some type of gate or chain with a "brake-away". He noted their are five (5) access entrances in 2/10 mile along N. White Chapel Blvd. Mr. Boyd asked what happened to Councilmember Sally Hall's plan for a citizen landscape committee in regard to this corner. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath commented on the entrance to the addition from N. White Chapel Blvd. City Council November 19, page six Meeting Minutes 1991 Agenda Item #8-D~ Continued Councilmember Sally Hall offered suggestions in regards to entrance and exit into the center from N. White Chapel Blvd. Councilmember Farrier noted that Food Lion does offer several designs for the receiving dock of their stores. He noted it will greatly reduce the parking spaces if this design were changed. David McMahan stated Food Lion has stated they will not live with a one way driveway. What we are dealing with is what they are willing to go with. Councilmember Hall stated her preference is to keep as much traffic off N. White Chapel Blvd. as possible. Steve Scott, 904 Emerald Blvd., Southlake. Mr. Scott asked Council to look into the lighting issue. He is also concerned about the noise. Motion was made to approve the Development Site Plan of Crossroads Square, subject to the staff summary review letter dated November 15, 1991 in reference to the following: #1 on Lot 2, eliminating the west bufferyard; Lot 3, eliminating the west bufferyard and as per staff recommendation, eliminating the north and east bufferyard because of the common driveway; also, in concurrence with staff recommendation for the postponement of future development bufferyards; Item #2, approving the request for variance to parking spaces, reducing the number of spaces from 330 to 302; Item #3, approving the variance in building set backs on F.M. 1709, reducing from 50 feet to 30 feet; that the light standards be limited to a maximum of 20 feet height from the pavement, and the light does not encroach past the property line, and that the luminated fixture not be seen from North White Chapel Blvd., and the lighting be signed off by a cerfified engineer, reviewed by staff ; and, allowing opposite Motion: Second: Ayes: Nays: Approved: for a landscape allowance of $1,000 to plant trees the two northerly entrances at the residents to the east. Emerson Evans Emerson, Evans, Farrier, Hall, Fickes None 5-0 vote Council went into recess at 9:30 p.m. Council returned to open session at 9:45 p.m. Aqenda Item #8-E, ZA 91-64~ Plat Showinq of Lots 2, Hall No. 686 Addition 3 & 4 L.B.G. ZA 91-64, is a Plat Showing of Lots 2, 3, & 4, L.B.G. Hall No. 686 Addition, being 9.2024 acres out of the L.B.G. Hall Survey, Abstract No. 686, Tract lC. Owner: Trustee, E-Systems, Inc. Pool Trust. Applicant: PIMA Properties. City Council Meeting Minutes November 19, 1991 page seven Agenda Item #8-E~ Continued John Levitt, Engineer for PIMA Properties, noted they need a 30' building line for the lots. Motion was made to approve ZA 91-64, subject to the November 15, 1991, staff summary review letter, item #7, changing from 50' to 30' building line. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Farrier, Hall, Fickes Nays: None Approved: 5-0 vote Mayor Pro Tem Rick Wilhelm returned to the Council table. Agenda Item #10-A~ Developers Agreement for SouthRidqe Lakes~ Phase IV Director of Public Works, Michael Barnes, reviewed the standard developers agreement for Council, stating their are two items which are not standard: 1) the developers agree to pay up to $100,000 for improvements to Peytonville Avenue; and, 2) the developer is asking for 50% credit on Park Fees, or $13,000. A discussion was held in regard to the agreement which was made between the city and the developer. Motion was made to approve the Developers Agreement for SouthRidge Lakes, Phase IV, subject to changing the wording under Other Issues: A. Perimeter Street~ second paragraph, which would allow the payment not to exceed $100,000 for all costs of the city, incurred for the reconstruction of Peytonville Avenue, from Raven Bend to F.M. 1709, with testing costs not to exceed $5,000. Also, to change the wording in the first paragraph to allow that the preferred method would be through Tarrant County City Street Improvement Program. In the event that method is not available, the cap is still not to exceed $100,000. and the city will be responsible for the other costs. Motion: Farrier Second: Hall Ayes: Farrier, Hall, Evans, Emerson, Wilhelm, Fickes Nays: None Approved: 6-0 vote City Council Meeting Minutes November 19, 1991 page eight Agenda Item #9-A~ Resolution 91-44~ Masonry Ordinance for Timarron Addition. Request for variance to Motion was made to table Resolution No. 91-44, request from Timarron Addition, for a variance to the Masonry Ordinance, to be considered during the December 3, 1991 City Council Meeting, at the request of the developers. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Evans, Hall, Wilhelm, Fickes Nays: None Approved: 6-0 vote (to table) Agenda #8-J~ Ordinance No. 555~ 1st readinq Tri-County Electric Rate Increase The City Manager, Curtis Hawk stated Tri-Country requesting a rate increase in total revenue of 4.5%, total increase of 6.6% from the residential customers. Electric is including a Ed Kelly was present from Tri County Electric Cooperative, and indicated Tri County has not received a rate increase since 1984. Mayor Fickes recommended to Council that the issue be passed on to Texas Utility Commission for review. Motion was made to pass Ordinance No. 555, 1st reading, which will pass the item on to the Public Utility Commission. Motion: Wilhelm Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Nays: None Approved: 6-0 vote Farrier, Emerson, Hall, Fickes Agenda Item #8-I~ Ordinance No. 553~ 1st readinq Administrative Departments Creating City Manager, Curtis Hawk, commented on Ordinance No. 553, stating that several Council members have asked if this item has been reviewed by the Fire and Police Services, and it has not. He suggested this ordinance be reviewed by the Fire and Police services and brought back at the next meeting in the form of a resolution. City Council Meeting Minutes November 19, 1991 page nine Agenda Item #8-I~ Continued Mayor Pro Tem Wilhelm made a request to ask for imput from the paid services on this document. Agenda Item #8-H, Ordinance No. 506~ 1st reading. Signs Code Enforcement Officer, Eddie Wilson, reviewed procedure used at five area cities in regard to the right-of-way. for Council, the week-end signs in Motion was made to approve the 1st reading of Ordinance No. Motion: Emerson Second: Wilhelm 506. Mayor Fickes read the caption of the ordinance. Ayes: Nays: Approved: Emerson, Wilhelm, None 6-0 vote Evans, Farrier, Hall, Fickes Agenda Item #8-G, Ordinance No. 550e 1st reading. Plan Thoroughfare Motion was made to table Ordinance No. certain, December 3, 1991. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Evans, Hall, Nays: None Approved: 6-0 vote (to table) 550, Thoroughfare Plan, time Wilhelm, Fickes Michael O'Brien arrived at 11:00 p.m. Agenda Item #8-F~ Ordinance No. 544, 1st reading. Landscape. Greg Last, City Planner presented the changes to the Landscape ordinance as discussed during the last City Council meeting. Last was asked to look at requirements for second and above story structures, the Texas National Bank Building second story, and to consider an industrial site. Motion was made to approve Ordinance No. 544, suggested modifications as discussed tonight. Motion: Hall Second: Wilhelm 1st reading, with the Mayor Fickes read the caption of the ordinance. Ayes: Hall, Wilhelm, O'Brien, Nays: Emerson Approved: 6-1 vote Evans, Farrier, Fickes City Council Meeting Minutes November 19, 1991 page ten Agenda Item #8-F~ Continued Mayor Pro Tem Wilhelm stated he wanted it clear, his vote for the ordinance is for 1st reading only, and to move the ordinance on. Changes must be made prior to second reading. Agenda Item #1-B~ Executive Session The Mayor hereby advised the audience that Council would be going back into executive session pursuant to Section 2(g) of the Open Meetings Act, to consider the appointment and evaluation of public officials. Council went into executive session at 11:15 p.m. Council returned to open session at 11:30 p.m. Agenda Item #9-B! Resolution No. 91-46~ Appointment to P&Z Motion was made to appoint Michael Richarme as a member of the Planning and Zoning Commission to fill the unexpired term of Patty McCarty, to expire in May, 1992. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Hall, O'Brien, Farrier, Evans, Nays: None Approved: 7-0 vote Fickes Agenda Item #12~ Adjournment Motion was made to adjourn the meeting at 11:45 p.m. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Farrier, Evans, Hall, O'Brien, Nays: None Approved: 7-0 vote Fickes ATTEST. ' : ,,,, Sa~dra L. LeGrand City Secretary % '-.. ...... ...'